The VwGH deadline must be reviewed urgently.
The situation should be reviewed promptly on the basis of the decision, proof of service and the concrete personal circumstances. The next step depends on the procedural stage.
Proceedings
Appeal to the VwGH after an entry-ban ruling
When an extraordinary appeal to the VwGH may be considered after a BVwG ruling on an entry ban.
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Mag. Mirela Saric
Attorney at law · German and BCS
Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.
4 July 2026 · Mag. Mirela Saric, Attorney at Law
After a ruling of the Federal Administrative Court, the proceeding is not necessarily over in every case. In certain constellations, an extraordinary appeal to the Administrative Court can be examined.
The VwGH is not a third fact-finding instance. It generally reviews legal questions of fundamental importance and not whether individual evidence should have been assessed differently.
This article distinguishes an appeal to the VwGH, the appeal to the BVwG and a later application and explains why the deadline after the BVwG ruling must be taken seriously.
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Overview of all answers.
Service and deadline must be clarified first.
The situation should be reviewed promptly on the basis of the decision, proof of service and the concrete personal circumstances. The next step depends on the procedural stage.
Possible VwGH points can be prepared.
The situation should be reviewed promptly on the basis of the decision, proof of service and the concrete personal circumstances. The next step depends on the procedural stage.
What the VwGH reviews and what it does not
What the VwGH reviews and what it does not
An extraordinary appeal requires a legal question of fundamental importance. This may be the case where the BVwG departs from case law or a significant legal question is not answered uniformly. Mere dissatisfaction with the assessment of evidence is not enough.
In entry-ban proceedings, legal questions may concern section 53 FPG, section 60 FPG, Article 8 ECHR and the reasoning depth of the risk assessment. The point must be worked out cleanly from the ruling itself.
Deadline and records after the ruling
Deadline and records after the ruling
An appeal to the VwGH against a BVwG ruling must generally be examined and filed within six weeks. Whether this period is running again depends on valid service. The ruling, proof of service and previous written submissions should therefore be secured immediately.
The appeal to the VwGH differs from an application to lift or shorten under section 60 FPG. One route attacks the ruling legally, the other starts after finality on the basis of changed circumstances.
Important: After service of a BVwG ruling, do not first wait to see whether the situation resolves otherwise. The VwGH deadline is short and admissibility must be assessed quickly.
FAQ
Appeal to the VwGH after an entry-ban ruling
Is the VwGH a new fact-finding instance? +
No. The VwGH essentially reviews legal questions. New facts or a merely different assessment of evidence are not the focus. The legal question must therefore be derived clearly from the ruling.
How long is the VwGH deadline? +
For an appeal to the VwGH against a BVwG ruling, the deadline is generally six weeks from service. The concrete deadline should be checked against the ruling and the proof of service.
Can section 60 FPG help instead of a VwGH appeal? +
That depends on the stage. The VwGH appeal attacks the BVwG ruling. An application under section 60 FPG typically starts after finality and changed circumstances. The two routes must not be confused.
Topics
VwGHAppealBVwGEntry ban
Entry ban, return decision, a running appeal deadline?
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